JCAR890120-1011664r08 1 This version includes all HFS 1st ...

JCAR890120-1011664r088608618628638648658668678688698708718728738748758768778788798808818828838848858868878888898908918928938948958968978988999009019022) up to three months prior to the month of application for any month inwhich the person meets both financial and non-financial eligibilityrequirements. Eligibility will be effective the first day of a retroactivemonth if the person meets eligibility requirements at any time during thatmonth; or3) the first day of a month, after the month of application, in which theperson meets non-financial and financial eligibility requirements.c) Eligibility Without Spenddown1) A one-month eligibility period will be used. If a person's nonexemptincome available during the eligibility period is equal to or below theapplicable income standard and nonexempt resources are not in excess ofthe applicable resource disregard (see Section 120.382 of this Part), theperson is eligible for medical assistance from the first day of the eligibilityperiod without a spenddown. All nonexempt income and non-exemptassets over the applicable asset disregard (Section 120.382) shall beapplied towards the cost of care on a monthly basis. Non-exempt income(see Section 120.360) and assets (see 120.381) are applied towards thecost of care beginning with the first full calendar month of anticipated stayin the facility. Non-exempt income shall be applied toward the cost of carefirst. If insufficient to meet the cost of care at the private pay rate, thennon-exempt assets over the applicable asset disregard shall be used.2) A person eligible under this subsection (c) is responsible for reporting anychanges that occur during the eligibility period that might affect eligibilityfor medical assistance. If changes occur, appropriate action shall be takenby the Department, including termination of eligibility for medicalassistance. If changes in income, resources or family composition occurthat would make the person a spenddown case, a spenddown obligationwill be determined and subsection (d) of this Section will apply. When aclient transfers between non-DMHDD facilities or transfers to a DMHDDfacility, non-exempt income and/or excess assets are applied first towardthe cost of care at the first facility and any balance is applied toward thecost of care at the second facility. If the client transfers from a DMHDDfacility to a non-DMHDD facility, non-exempt income and/or excessassets are not applied toward the cost of care at the non-DMHDD facilityfor the month the transfer occurs. If the client is discharged from aDMHDD facility or non-DMHDD facility to his/her residence in thecommunity or to a community based residential setting (such asCommunity Living Facility, Special Home Placement, Supported Living